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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, GAURANG KANTH
Oriental Insurance Company Limited – Appellant
Versus
Putul Das – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. We take up the appeal for admission and hearing.
2. In view of questions of both facts and law being involved, we admit the appeal and take it up for hearing.
3. Heard learned counsel for the parties.
4. The present challenge has been preferred by the Insurance Company on two-fold grounds. First, there was no negligence on the part of the employer in the demise of the deceased victim, which led to the grant of compensation under the Employees' Compensation Act, 1923 (hereinafter referred to as “the 1923 Act”). It is contended that the aspect of the liability for the death being of a third party vehicle, which was being driven in a rash and negligent manner, has been totally overlooked by the Commissioner in the impugned judgment.
5. Secondly, it is contended that whereas the Minimum Wages Act puts the minimum wages of persons such as the victim, who was a cleaner/“khalasi” of a vehicle, at Rs.7280/- per month, compensation has been calculated on the basis of earning of the said deceased to be Rs.8,000/- per month as wages.
6. It is submitted that the said wages were over-calculated and, as such, the impugned judgment ought to be set aside on such
Compensation claims under the Employee's Compensation Act require proof of an accident arising out of and in the course of employment.
The court affirmed that a heart attack can be deemed a work-related death if employment stress is a contributing factor.
An insurer's liability excludes interest and penalties if the insurance policy explicitly states such exclusions, as determined under commercial contract principles.
Negligence does not preclude compensation under the Employee's Compensation Act if the accident arises in the course of employment.
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